Compensation awards for employees who have suffered emotional harm in the workplace have traditionally been low, which has been favourable for employers facing claims by employees.

Recently, however, compensation amounts have increased and are achieving greater consistency for employees. Employers now, more than ever, need to treat their employees properly to ensure they do not face significant compensation awards for personal grievance claims. Read more…

Whilst scanning the recent company law cases I came across one that I think should present as a real red flag for commercial parties generally when contracting with companies. Read more…

Health and safety in the workplace has been brought into the spotlight over the past decade to refocus employers' attention to ensure the safety of their staff. There have been a number of judgments under the Health and Safety at Work Act 2015, of which two stand out.

August 2017 saw the Budget Plastics case (WorkSafe New Zealand v Budget Plastics (New Zealand) Ltd [2017] NZDC 17395) which clearly showed employers how the Health and Safety at Work Act would be applied by the courts, and the consequence of non-compliance.

In October there was another decision (WorkSafe New Zealand v Rangiora Carpets Ltd [2017] NZDC 22587) where an employee suffered serious injuries after falling through a false ceiling. The court noted that the hazard was obvious and was 'easily and cheaply remedied'. Rangiora Carpets Limited received a discount on its fines for its previous good record and guilty plea; the final amounts payable were a $157,500 fine (to be paid over two years), $20,000 for reparation and $1,228 for costs.

These cases show that the courts are not afraid to impose hefty fines where they are satisfied that the Health and Safety at Work Act has been breached.

Hazardous substances in the workplace: On 1 December 2017 the Health and Safety at Work (Hazardous Substances) Regulations came into effect. The regulations contain rules around managing substances that affect human health and safety in the workplace. Go here for more information.

... Tighten Up on Anti-Competitive Behaviour

Recent changes to the Commerce Act 1986 have been introduced to promote competitive behaviour and provide clarity around competition law. The Commerce Act prohibits anti-competitive behaviour such as price fixing. As well, the changes broaden the scope of the definitions relating to other prohibited cartel activities including output restrictions and market allocation. This change aligns New Zealand's competition law with Australia and other jurisdictions.

In addition, the changes introduce new exemptions to what would typically be considered cartel arrangements. These exemptions recognise that the extended definition of cartel behaviour now captures otherwise legitimate business relationships between suppliers and distributors that are also competitors. Two exemptions include certain collaborative activities and vertical supply contracts, provided specific criteria are met.

The changes also introduce a clearance mechanism where parties contemplating collaborative conduct can obtain prior approval from the Commerce Commission.

If you have any concerns about how these changes might affect your arrangements, please contact us.

Your business website is a powerful tool for engaging potential and existing customers, and for collecting useful data. Where information collected is personal information, however, you have obligations under the Privacy Act 1993. The legislation contains 12 Privacy Principles which regulate how you collect, use, disclose and store personal information.

If you are collecting, or intend to collect, personal information through a website, the website privacy policy or notice should record how you will comply with the Privacy Principles. It should inform site visitors why their information is being collected, how it will be stored, who it will be disclosed to and how they can access it or request that it be destroyed.

The Privacy Commissioner's website has a free online tool called 'Priv-o-matic' which can generate a simple privacy statement; find it here. Otherwise, if you are unsure whether your current or proposed website privacy notice or policy is adequate, do talk with us.

When you're starting a business, one of the first things you think of is its name. This is a big decision as, ultimately, your brand is built around the name of your business.

There's an easy way to check existing business names using ONEcheck. You can search for possible business names, associated domain names and trade marks, as well as the recent addition of searching social media. ONEcheck gives clear explanations of the difference between a registered business name, trading name and trade mark, guidance on how to best protect your brand and much more.

There are also quick links to the Companies Office, New Zealand Business Number and the New Zealand Intellectual Property Office.

For more information, click here.